Civil Court of the City of New York October 1, 1969 (Fox v. Montenegro)

William T. O’Connell, J.

Motions numbered 170 and 146 are hereby consolidated for decision.

This appears to be a case of first impression. Neither counsel has been of any assistance to the court and they have not submitted any memoranda of law sustaining their respective contentions.

The action herein was commenced in the Kings County division of this court, and bears Index No.